I was troubled to learn of an Alert Memorandum recently submitted to you by Department of Labor Assistant Inspector General Elliot P. Lewis regarding the Mine Safety and Health Administration’s (“MSHA”) failure to fully enforce the Pattern of Violation (“POV”) provision of the Mine Act. The POV provision is one of the most powerful mine safety enforcement tools provided to MSHA by Congress. MSHA’s apparent failure to fully utilize this enforcement tool during the past year requires an immediate and comprehensive explanation.